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Constitutionally. So i dont think its merely that. And in suleiman the government actually created the words that were, that were being advertised. So isnt that substantially different . Because the governments not creating these words. Justice sotomayor the court indicated that thats the monument course. Im talking about johanns. Thats right. But in suleiman though, a private organizes fraternal order of eagles put its name on the monument it created the message, then donated it to the park. In johanns, yes, the message was espoused beef, its whats for dinner, but even then the secretary of agriculture didnt write ad copy. Sorry, the government had control, it just was not at every step of the way saying this is how the message must be. But at the end of the day, it had final approval. But to return to Justice Alitos hypothetical and what the test should be, the test can include other elements. And even if suleiman and johanns co ....
But i no that the chairman wants to face this headon and i no it is a challenge and the political environment. And i did want to breed of that we obviously not met the challenge with the budget as currently configured. I want to specifically ask you general austin, something that was troubling to me. It has been a determination that operation freedom signal is a new Contingency Operation. Do do you see it as a new Contingency Operation . It is a continuation of our efforts, center. So in terms of the types of things that we are doing we are continuing to train and advise and assist the Afghan Security forces but in terms of how we account for the funding that we are allocating to that that is a different issue. Well, the reason i am asking is i am told that there is an effort underway of naming a new lead ....
Who was aware of these misconduct issues . Are you talking about the bogota incident . No. Im talking about, 2005 to 2009. That they were aware of . Highest ranking person. Probably a group supervisor. Did you have, did you have power to discipline on the level of the regional i candice minute the regional director. He is an sef. You could have fired him is that right . I couldnt, i couldnt fire him. You have to show misconduct for him to be fired. But, with what the law allows me to do with an ses, he was counseled. So you do feel he did something wrong . He failed to report it when he learned about it. And so you you failed to discipline him . Other than counseling him . The discipline available to me appropriate discipline was to reprimand him. Well, who came up with the suspension then . Im confused. An ses, the discipline, there has to be misconduct. Right. And the discipline has to be 15 days or more. Reporting it to an embassy and working it out locally with the embassy, rather ....
Any agency. She doesnt have the right to fire people. Unless you change that law and get these people the ability to fire people sa merically when they were found in you know, a proper process and a speedy process to violate whether its sexual assault, sexual harass m, youll have this all these problems continue across the scope of all of our Civil Service systems. The only one exempt is fbi. Well get that on the record as some point i hope. Yield back. Recognize the Ranking Member mr. Lynch the gentleman from massachusetts, whos the ranking me. Thank you mr. Chairman. I want to thank the Ranking Member for allowing me to go in his place. How do you hold people accountable if you are not able to discipline them . The system in place, its the three tooered system. The inspectors who youre not answering me question. Briefly ....
Theres an institute for the arctic people thats been abolished. I dont think its a priority like it is in the u. S. Weve gotten into the end of our time. I think this is is a very, a very opportune year. We have the arrival of the u. S. Chairmanship. We have paris Climate Change at the end of year the summit. Thank you for bringing the expertise you have. Its been astonishing to listen and we know you had to travel a bit of a distance to get here. Thank you for your leadership. Watching you over the course of this morning has exhausted me. Congratulations. Thank you for your Great Questions and comments and your patience and sticking with us. Thank you all. Were adjourned. Thank you. [ applause ] a live look at the New HampshireRepublican Party what its calling t ....